| Great Britain - Law - 1764 - 562 pages
...aft for the furtherance of jußice in cafe of demurrer and pleadings, fo as fufficient matter appear in the faid pleadings, upon which the court may give...exception fhall be taken of or for an immaterial travers ; or of or for the default of entring pledges upon any bill or declaration ; or of or for the default... | |
| Great Britain - 1764 - 564 pages
...afi for the furtherance of jtiftice in cafe of demurrer and pleadings, fo as fufficient matter appear in the faid pleadings, upon which the court may give...firft day of Trinity term, no advantage or exception ihaJl be taken of or for an immaterial travers ; or . -, of or for the default of entring pledges upon... | |
| Sir Edward Coke, William Hawkins - Bail - 1764 - 398 pages
...for furtherance of juftice in cafes of demurrer and pleadings; fo as fufficient matter appear in the pleadings, upon which the court may give judgment...according to the very right of the caufe ; and therefore no exception fhall be taken for an immaterial traverfe, or default of entering pledges on any bill... | |
| Great Britain. Court of King's Bench - Law reports, digests, etc - 1790 - 962 pages
...to be matter of fubftance, and not aided by the 27 Ellz. c. 5. fo as fufficicnt matter appear by the pleadings, upon which the court may give judgment according to the very right of the caufe. Now here it appears, the plaintiff" has a right to recover, and to recover as administrator, and what... | |
| New York (State) - Law - 1792 - 554 pages
...might have hereto. fore been taken to be matter of fubftance, fo as fufficient matter appear in the pleadings, upon which the court may give judgment according to the very right oí the caufe; and therefore no advantage or exception fhajl bs Vol.11. H taken of, or for an immaterial... | |
| Great Britain. Court of Common Pleas - Law reports, digests, etc - 1800 - 764 pages
...by the other ftatute, and.it exprefsly lays that fufficient matter muii. appear in the pleadings on which the Court may give judgment according to the very right of the caufe ; whereas no fuch matter appear; upon thefe plea lings, there being no .breach rightly affigned by... | |
| New York (State) - Constitutions - 1802 - 712 pages
...might have heretofore been taken to be matter of fubftance, fo ав fufficient matr Ur appear in the pleadings, upon which the court may give judgment...according to the very right of the caufe ; and therefore no advantage or exception ihall be taken of or for an immaterial travevfe, or of or for the default... | |
| Great Britain. Court of King's Bench, Edward Hyde East - Law reports, digests, etc - 1809 - 660 pages
...taken for matter of fubfbnce, and not aided by the flat. 27 Eliz. c. 5.: fo as fufEcient matter appear in the faid pleadings upon which the Court may give judgment according to the very right of tl+e caufe.". Now it is admitted, according to what was faid by Lord Mans/ieU in Collint y. Gibbs,... | |
| William Tidd - Civil procedure - 1817 - 718 pages
...substance, and not aided by the " statute of Queen Elizabeth, so as sufficient matter appear in " the pleadings, upon which the court may give judgment, " according to the very right of the cause " Since the making of these statutes, the party, on a general demurrer, can only take advantage... | |
| Great Britain - Law - 1817 - 698 pages
...Furtherance of :t in cote of Demurrer and Pleading», so as sufficient Matter -•year in tbe said Pleadings, upon which the Court may give Judgment according to the very Right of the Cause, (1) and therefore from ind after the said first Day of Trinity Term, no Advantage or Excep-... | |
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